JACKSONVILLE, Fla., Jan. 8, 2021 /PRNewswire/ -- The following statement is being issued regarding In re. Disposable Contact Lens Antitrust Litigation.
A class action settlement has been reached with ABB Optical Group LLC ("ABB"), a distributor of disposable contact lenses manufactured by Alcon Vision LCC f/k/a Alcon Laboratories, Inc. ("Alcon"); Bausch & Lomb, Inc. ("B&L"); Johnson & Johnson Vision Care, Inc. ("JJVC"); and Cooper Vision, Inc. ("CVI").
The lawsuit alleges illegal minimum retail pricing policies adopted by contact lens manufacturers called "Unilateral Pricing Policies," or "UPPs," for the distribution and sale of certain disposable contact lenses. The safety and effectiveness of contact lenses are not at issue in this lawsuit. For more information, visit the website below. Defendants deny they did anything wrong. The Court has not decided who is right.
Notice was previously provided for settlements with B&L and CVI and the formation of "Litigation Classes." ABB has since agreed to a settlement, and the Court has permitted those who purchased only contact lenses manufactured by B&L an additional opportunity to opt-out of the Litigation Classes. If you are a Settlement Class Member, you can participate in the ABB Settlement regardless of whether you participated in the earlier settlements.
Who Is Included?
The ABB Settlement Class includes certain persons and entities residing in the United States who made retail purchases of disposable contact lenses subject to a UPP. For a list of the contact lenses subject to a UPP and the dates of purchase included in the settlement, please visit the website below.
How can I get a payment?
The ABB Settlement will establish a $30.2 million Settlement Fund. If you already submitted a timely and valid claim for the B&L and/or CVI Settlements, you do not need to submit another claim. You will automatically be included in the ABB Settlement. If you did not submit a claim in either of the earlier settlements, you must submit a claim for the ABB Settlement in order to receive compensation. You will not be able to share in the B&L or CVI Settlements if you did not submit a timely and valid Proof of Claim in those settlements. You can file a claim at the website. The deadline to file a claim is March 10, 2021. The Net Settlement Fund will be distributed at a later stage of this Action. Please be patient and check the website for updates.
Your other options.
If you do not want to be legally bound by the ABB Settlement you must exclude yourself by March 10, 2021. In addition, consumers who purchased only contact lenses manufactured by B&L have until March 10, 2021 to request exclusion from the Litigation Classes. You may object to the ABB Settlement by March 10, 2021. The Detailed Notice explains how to exclude yourself or object. The Court has yet to set a date and time for the fairness hearing on final approval of the settlement and any motions for fees and costs. As soon as the Court schedules the fairness hearing, the website will be updated with the date, time, location, and means of attendance. At the time of the hearing, Lead Counsel will ask the Court for attorneys' fees of up to one-third (33.3%) of the ABB, B&L, and CVI Settlement Funds, after payment of Court-approved costs and expenses. In addition, Lead Counsel will ask the Court for reimbursement of costs and expenses for their work in this Action, and may also seek service awards for the Class Representatives, all subject to the Court's approval. You may appear at the hearing, yourself or through an attorney you hire, but you don't have to. For more information, call or visit the website.
SOURCE United States District Court for the Middle District of Florida